Copyright questions people actually ask.
What is copyright?
Copyright is the legal right of the creator of an original work, writing, software, music, art, film, to control how it is copied, distributed, performed, and adapted. It protects the original expression of an idea, not the idea itself. It arises automatically when the work is created and fixed in a tangible form; you do not have to register or publish to own it.
Do I need to register copyright, or is it automatic?
Both are true. Copyright is automatic, you own it the moment you create the work, in India and across all Berne Convention countries. But registration is strongly worth it: in India a registration certificate is prima facie evidence of ownership, accepted by courts and hard for an infringer to dispute. Automatic ownership gives you the right; registration gives you the proof that makes the right enforceable in practice.
What is the difference between copyright, a trademark, and a patent?
They protect different things. Copyright protects original creative works, writing, code, music, art, film. A trademark protects brand identifiers, names, logos, slogans. A patent protects inventions, how something works. A single product can involve all three: copyright in its content and code, a trademark on its brand, and a patent on its technology. They are complementary, not alternatives.
Can software be copyrighted?
Yes. Under India’s Copyright Act, computer programmes and source code are protected as literary works, and registering them is one of the most useful things a software business can do. Copyright protects the code as written (the expression); it does not protect the underlying functional idea or algorithm, that may be a patent question. Many software companies register copyright in the code and consider a patent for any genuinely novel technical method.
Who owns the copyright in work made by a freelancer or employee?
This catches businesses out constantly. The default rules differ by relationship and jurisdiction. In many cases, work by an employee in the course of employment vests in the employer, but work by an independent freelancer or contractor often remains owned by the freelancer unless there is a written assignment. So the agency that built your site, or the contractor who wrote your code, may legally still own it. The fix is a written copyright assignment, which we put in place. This is essential before any fundraise or acquisition.
How long does copyright last?
In India, for most works it lasts the lifetime of the author plus 60 years. Different categories (films, sound recordings, photographs, anonymous works) have their own terms. Other countries differ, the term is the life of the author plus 70 years in the US, the UK, and the EU, for example. After the term expires, the work enters the public domain.
Is my Indian copyright protected in other countries?
Largely, yes. India is a member of the Berne Convention, so works are automatically protected in all 180-plus member countries without separate registration in each. However, the practical value of local registration and the enforcement process differ by country. The United States, in particular, strongly incentivises registration with the US Copyright Office, registering a US work is generally a prerequisite to suing for infringement there and unlocks statutory damages. We advise on where local registration is worth it for your work and markets.
What can I do if someone copies my work?
You can act, and registration makes acting far easier. Typical steps are a cease-and-desist or takedown notice, a DMCA-style notice for online infringement, negotiation, and, if needed, court action for an injunction and damages. With a registration in hand, your ownership is presumed and the infringer carries the burden of disproving it, which strengthens every step. We assess the position and pursue the route that fits.
How much does copyright registration cost in India?
The government fee is modest and depends on the category of work and the number of works. On top of that is our professional fee for identifying the right category, sorting ownership and assignments, preparing the application, and handling any objections. Copyright is one of the most cost-effective protections relative to the value of what it secures. We quote your matter specifically.